[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Notices]
[Page 50486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24300]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-614-801]


Fresh Kiwifruit From New Zealand: Final Results of Changed 
Circumstances Review; Revocation of Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of changed circumstances review and 
revocation of antidumping duty order.

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SUMMARY: On August 20, 1999, the Department of Commerce published a 
notice of initiation of a changed circumstances review and preliminary 
results of review with intent to revoke the antidumping duty order on 
fresh kiwifruit from New Zealand. We are now revoking this order, 
retroactive to June 1, 1997, based on the fact that domestic parties no 
longer have an interest in maintaining the antidumping duty order.

EFFECTIVE DATES: September 17, 1999.

FOR FURTHER INFORMATION CONTACT: Sunkyu Kim or John P. Maloney, Jr., 
Office 2, AD/CVD Enforcement Group I, Import Administration-Room B099, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, DC 20230; telephone 
(202) 482-2613 or (202) 482-1503, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to the regulations codified at 19 CFR 
Part 351 (April 1998).

Background

    On July 30, 1999, the petitioner, the California Kiwifruit 
Commission, requested that the Department conduct a changed 
circumstances review to revoke the antidumping duty order on fresh 
kiwifruit from New Zealand retroactive to June 1, 1997. The petitioner 
stated that circumstances have changed such that the petitioner no 
longer has an interest in maintaining the antidumping duty order. On 
August 5, 1999, the petitioner supplemented its request to indicate 
that it represents all kiwifruit growers in California and virtually 
all commercial growers of kiwifruit in the United States.
    We preliminarily determined that the affirmative statement of no 
interest by the California Kiwifruit Commission constituted changed 
circumstances sufficient to warrant revocation of this order. 
Consequently, on August 20, 1999, we published a notice of initiation 
of a changed circumstances review and preliminary results of review 
with intent to revoke the order. See 64 FR 45508. We received no 
comments from interested parties on the preliminary results of this 
changed circumstances review.

Scope of Review

    The product covered by this review is fresh kiwifruit. Processed 
kiwifruit, including fruit jams, jellies, pastes, purees, mineral 
waters, or juices made from or containing kiwifruit are not covered 
under the scope of this review. This merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 0810.90.20.60. Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the scope of this proceeding is dispositive.
    This changed circumstances review covers all producers and 
exporters of fresh kiwifruit from New Zealand.

Final Results of Changed Circumstances Review; Revocation of Order

    Pursuant to section 751(d)(1) of the Act, the Department may 
revoke, in whole or in part, an antidumping duty order based on a 
review under section 751(b) of the Act (i.e., a changed circumstances 
review). Section 751(b)(1) of the Act requires a changed circumstances 
review to be conducted upon receipt of a request containing sufficient 
information concerning changed circumstances.
    The Department's regulations at 19 CFR 351.216(d) require the 
Department to conduct a changed circumstances review in accordance with 
19 CFR 351.221 if it decides that changed circumstances sufficient to 
warrant a review exist. Section 782(h) of the Act and 19 CFR 
351.222(g)(1)(i) provide further that the Department may revoke an 
order, in whole or in part, if it concludes that the order under review 
is no longer of interest to producers accounting for substantially all 
of the production of the domestic like product.
    The California Kiwifruit Commission is a domestic interested party 
as defined by section 771(9)(E) of the Act and 19 CFR 351.102(b) and 
represents substantially all of the production of the domestic like 
product. Based on the affirmative statement by the California Kiwifruit 
Commission of no interest in the continued application of the order and 
the fact that no interested parties objected to or otherwise commented 
on our preliminary results of this review, we determine that there are 
changed circumstances sufficient to warrant revocation of the order. 
Therefore, the Department is revoking the antidumping duty order on 
fresh kiwifruit from New Zealand, retroactive to June 1, 1997.
    In accordance with 19 CFR 351.222(g)(4), we will instruct the 
Customs Service to end the suspension of liquidation and to refund any 
estimated antidumping duties collected for all unliquidated entries of 
fresh kiwifruit from New Zealand made on or after June 1, 1997. We will 
also instruct the Customs Service to pay interest on such refunds in 
accordance with section 778 of the Act.
    This changed circumstances review, revocation of the antidumping 
duty order and notice are in accordance with sections 751(b), 751(d) 
and 782(h) of the Act and 19 CFR 351.216 and 351.222.

    Dated: September 13, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-24300 Filed 9-16-99; 8:45 am]
BILLING CODE 3510-DS-P